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(영문) 서울중앙지방법원 2021.02.18 2020고단7692
국민체육진흥법위반(도박등)
Text

A defendant shall be punished by imprisonment with prison labor for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall gambling using a prohibited act that prevents a person, other than an entrusted business entity, from providing property or property benefits to persons who win the result of sports promotion by issuing voting rights or a similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Nevertheless, around October 22, 2019, the Defendant connected D, which is the Internet illegal sports soil site, using his mobile phone, etc. in Seoul Special Metropolitan City, to his mobile phone, and transferred KRW 2,000,000 to H I bank account in the name of the Defendant, which is the deposit account of the Internet illegal sports soil site, and deposited it in cyber money, after forecasting the results of the games, such as the winning and points in Korea and abroad, among various sports games, such as the axiss, camping, etc., in advance, and was filled as above, with the aforementioned charging cyber money by means of acquiring dividends according to the dividend rate, from around that time to January 25, 2020, and then filling KRW 240,00 in total for 15 times, as shown in the attached list of crimes, from around 200 to January 25, 202.

As a result, the Defendant used the act of providing property or property benefits to those who win the result by issuing sports promotion voting rights or similar things to the Korea Sports Promotion Foundation and a person who is not an entrusted business entity.

Summary of Evidence

1. Application of Acts and subordinate statutes to each investigation report on the commencement of internal investigation by the defendant's legal statement, each crime sight table, E reply materials, and account transaction details (related to the illegal gambling site, D, and the same operator of the J site used by the victim);

1. Article 48 of the relevant Act and Articles 48 subparagraph 3 and 26 (1) of the National Sports Promotion Act and the selection of imprisonment with prison labor for the crime;

1. Article 62 of the Criminal Act:

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